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Notice of Final Federal Agency Actions on Proposed Highway in California

American Government Special Collections Reference Desk

American Government

Notice of Final Federal Agency Actions on Proposed Highway in California

Jack Lord
Federal Highway Administration
June 4, 2015

[Federal Register Volume 80, Number 107 (Thursday, June 4, 2015)]
[Pages 31948-31949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13625]



Federal Highway Administration

Notice of Final Federal Agency Actions on Proposed Highway in 

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by the California Department of Transportation (Caltrans), pursuant to 
23 U.S.C. 327, and the U.S. Army Corps of Engineers (USACOE).


SUMMARY: The FHWA, on behalf of Caltrans, is issuing this notice to 
announce actions taken by Caltrans that are final within the meaning of 
23 U.S.C. 139(l)(1). The actions relate to a proposed highway project, 
San Diego Freeway (I-405) Improvement Project from State Route (SR) 73 
to Interstate 605 (I-605). Work is proposed as follows:

--From Post Mile (PM) 9.3 to Post Mile 24.2 in Orange County and Post 
Mile 0.0 to Post Mile 1.2; 12-ORA-22 p.m. R0.7/R3.8/12-ORA-22 p.m. 
R0.5/R0.7; 12-ORA-73 p.m. R27.2/R27.8/12-ORA-605 p.m. 3.5/R1.6; 07-LA-
605 p.m. R0.0/R1.2 in the Counties of Orange and Los Angeles, State of 

Those actions grant licenses, permits, and approvals for the project.

DATES: By this notice, the FHWA, on behalf of Caltrans, is advising the 
public of final agency actions subject to 23 U.S.C. 139(I)(1). A claim 
seeking judicial review of the Federal agency actions on the highway 
project will be barred unless the claim is filed on or before November 
2, 2015. If the Federal law that authorizes judicial review of a claim 
provides a time period of less than 150 days for filing such claim, 
then that shorter time period still applies.

FOR FURTHER INFORMATION CONTACT: Smita Deshpande, Branch Chief, 
California Department of Transportation District 12, Division of 
Environmental Analysis, 3347 Michelson Drive, Suite 100, Irvine, 
California 92612, during normal business hours from 8:00 a.m. to 5:00 
p.m., Telephone number (949) 724-2800, email: 

SUPPLEMENTARY INFORMATION: Effective July 1, 2007, the Federal Highway 
Administration (FHWA) assigned, and the California Department of 
Transportation (Caltrans) assumed environmental responsibilities for 
this project pursuant to 23 U.S.C. 327. Notice is hereby given that 
Caltrans has taken final agency actions subject to 23 U.S.C. 139(I)(1) 
by issuing licenses, permits, and approvals for the I-405 Improvement 
Project in the State of California. The project's Selected Alternative 
includes the addition of one GP lane in each direction on I-405 from 
Euclid Street to the I-605 interchange, plus the addition of a tolled 
Express Lane in each direction of I-405 from SR-73 to SR-22 East. The 
tolled Express Lane and the existing HOV lanes would be managed jointly 
as a tolled Express Facility with two lanes in each direction from SR-
73 to I-605. Access to the SR-73 Express Lane Facility would be via 
construction of the new direct connector to SR-73 south of the I-405 
junction. Auxiliary lanes would be added at various locations. The 
project may be implemented in phases and/or segments and procured under 
one or more contracts, including the option of using design/bid/build, 
design-build or public/private contract authority. The project is 
planned to be constructed in 54 months. The project is intended to 
reduce congestion, enhance operations, increase mobility, improve trip 
reliability, maximize throughput, optimize operations, and minimize 
environmental impacts and ROW acquisition. It will more effectively 
serve existing and future travel demand within Orange County and 
between Orange and Los Angeles Counties. The

[[Page 31949]]

project will provide improvements along the I-405 corridor as well as 
to related local roads, and to reduce diversion of regional traffic 
from the freeways into the surrounding communities.
    The actions by the Federal agencies, and the laws under which such 
actions were taken, are described in the Final Environmental Impact 
Statement (FEIS) for the project, approved on March 26, 2015, in the 
Record of Decision (ROD) issued on May 15, 2015, and in other documents 
in the FHWA project records. The FEIS, ROD, and other project records 
are available by contacting Caltrans at the address provided above. The 
FEIS and ROD can be viewed and downloaded from the project Web site at 
http://www.dot.ca.gov/dist12/405/index.htm. The section 404 Nationwide 
Permit Status is available by contacting California Department of 
Transportation District 12 at the address provided above. This notice 
applies to all Federal agency decisions as of the issuance date of this 
notice and all laws under which such actions were taken, including but 
not limited to:
1. General: National Environmental Policy Act (NEPA) (42 U.S.C. 4321-
2. Air: Clean Air Act (42 U.S.C. 7401-7671(q))
3. Wildlife: Migratory Bird Treaty Act (16 U.S.C. 703-712); Federal 
Endangered Species Act of 1973 (16 U.S.C. 1531-1543)
4. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended (16 U.S.C. 470(f) et 
5. Wetland and Water Resources: Clean Water Act (33 U.S.C. 1251-1377) 
(section 404, section 401, section 319);
6. Land: Department of Transportation Act of 1966, (49 U.S.C. 303) 
(section 4(f))
7. Executive Orders: E.O. 11990- Protection of Wetlands; E.O. 11988--
Floodplain Management; E.O. 12898--Federal Actions to Address 
Environmental Justice in Minority and Low Income Populations; E.O. 
11593--Protection and Enhancement of Cultural Resources; E.O. 13112--
Invasive Species.

(Catalog of Federal Domestic Assistance Program Number 20.205, 
Highway Planning and Construction. The regulations implementing 
Executive Order 12372 regarding intergovernmental consultation on 
Federal programs and activities apply to this program.)

    Authority: 23 U.S.C. 139(l)(1)

Jack Lord,
Planning and Air Quality Team Leader, Federal Highway Administration, 
Sacramento, California.
[FR Doc. 2015-13625 Filed 6-3-15; 8:45 am]

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